to hire disabled veterans even if they were at higher risk for re-injury and extended disability . The recovery was ultimately applied to all workers with previous disabilities . WHY IS SIF RECOVERY SO IMPORTANT FOR BROKERS AND THEIR CLIENTS ?
If a previously impaired worker aggravates a pre-existing condition , the SIF steps in to offset the cost to the employer and insurer . The recovery therefore alleviates the unfairness of the current employer bearing the entire cost even when a pre-existing condition is worsening the disability . Although SIF recovery provides reimbursement directly to insurers , employers also benefit frequently through an improvement in their experience modification . HOW MANY OTHER STATES HAVE SECOND INJURY FUNDS ?
Approximately 35 states have had similar reimbursement procedures at one time . Many have eliminated their Funds , and the Massachusetts Workers ’ Compensation Advisory Council explored it about 10 years ago . However , thanks in part to A . I . M . Mutual ’ s presence with the Advisory Committee and the satisfaction of insurers with the reimbursement system , the Advisory Council recommended maintaining the Fund . The legislature accepted this recommendation . New Hampshire is the only other New England state that still has a Second Injury Fund , and A . I . M . Mutual successfully uses local counsel to secure those recoveries . WHAT HAS GIVEN A . I . M . MUTUAL AN ADVANTAGE IN THIS AREA ?
Some insurers have been more effective than others at taking advantage of SIF recovery opportunities . I was originally hired in 1995 by a traditional workers ’ compensation defense firm run by Attorney Fred Uehlein , considered ‘ The Godfather ” of the legal practice behind SIF recovery . At that time , insurers were failing to fully take advantage of recovery opportunities . Defense firms would assign both the defense and the recovery to the same attorney , and the claim for recovery would often take a backseat . Attorney Uehlein tasked me with leading the effort to develop strategies and procedures that would maximize recoveries .
As A . I . M . Mutual continued on its path to becoming one of the largest workers ’ compensation carriers in Massachusetts , its superior training methodology and knack for hiring the right personnel resulted in an extremely effective partnership with my firm . In fact , that 20- year partnership led to recoveries of over $ 55 million , and research showed A . I . M .
Mutual was obtaining significantly more recoveries than insurers of similar size .
Although all our firm ’ s clients benefited from our services , A . I . M . Mutual was uniquely suited to reap these benefits thanks to its claim staff ’ s acumen . Kathy Kelley has managed A . I . M . Mutual ’ s SIF recovery process for over 15 years , and she has been an invaluable partner and asset in that process . WHAT ARE SOME EXAMPLES OF CASES THAT LED TO RECOVERIES ?
In recent months , we were able to recover over $ 300,000 on a claim involving a fall from a building and $ 220,000 on a claim involving a warehouse accident . Given what the employers knew prior to the injuries , these are examples of claims that might not be explored by a defense firm that lacks a significant focus on recoveries . WHY DID YOU BRING YOUR EXPERTISE EXCLUSIVELY TO A . I . M . MUTUAL ?
Once Attorney Uehlein , who had been a tremendous mentor as well as friend , retired from day-to-day involvement , the opportunity to join the A . I . M . Mutual team was too enticing to pass up . I ’ m now able to devote my full attention on recoveries to A . I . M . Mutual and its policyholders . The result has been significant increases in A . I . M . Mutual ’ s average recoveries for 2020 and 2021 compared to the preceding few years , and I look forward to continuing that trend in 2022 and beyond .
LOU GREENBERG , Esq ., is a 1991 graduate of the University of Michigan and a 1994 graduate of Boston University School of Law . He was an associate at Uehlein & Associates and its predecessor firms for 24 years and was involved in both workers ’ compensation defense issues and Second Injury Fund recoveries for approximately three years before focusing entirely on recoveries . Lou joined A . I . M . Mutual in December of 2019 . He is also an avid tennis player .
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